Legal Requirements & Health and Safety

Legal Requirements & Health and Safety

 

Energy Performance Certificate

Minimum Energy Efficiency Standards Regulations

An EPC must be in place for marketing a property. This also applies to listed buildings, which it doesn’t on a property for sale. The rating should be an E or above and the EPC must be in date.

Landlord Gas Safety Certificate

Landlords Gas Safety (Installation and Use) Regulations 1998

This is required at the start of the tenancy; a copy must be provided to the tenant and it must be renewed on an annual basis and copies provided to the tenant.

Electrical Reports

Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020

All rental properties must have an electrical inspection condition report completed and for it to comply with the 18th edition of the Regulations. An electrical inspection in a rented home typically will last for 5 years, unless otherwise stated by the electrician. The electrician must be qualified to undertake electrical inspections. Issues will be categorised 1, 2 and 3, any category 1 and 2s must be rectified within 28 days or prior to the tenancy starting. This document must be provided to the tenant at the start of the agreement.

Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022

You must ensure at least one smoke alarm is equipped on each storey of the property, where there is a room used as living accommodation. This has been a legal requirement in the private rented sector since 2015. Ensure a carbon monoxide alarm is equipped in any room used as living accommodation, which contains a fixed combustion appliance (excluding gas cookers). Ensure smoke alarms and carbon monoxide alarms are repaired or replaced at the Landlords cost, once informed and found that they are faulty.

Right to Rent Checks

Immigration Act 2014

Any person that wishes to rent a property in the UK should be able to prove that they have the Right to reside in the UK. Landlords and Agents offering rental accommodation in the private rented sector, should carry out document checks on new adult occupiers before renting to them. You are no longer allowed to take biometric residence cards or permits; applicants should be able to provide a share code that can be checked online.

Water Hygiene

It is important that water is not allowed to stagnate within a water system, as this can lead to illness (i.e., Legionnaires Disease). If properties are left vacant for extended periods, a landlord has a duty of care to manage the risks.

Landlord Guide

Marketing

Once you have decided to let your property, we will arrange to visit and take property details, photos, 360° tour and prepare a detailed marketing brochure. The property will be uploaded onto our Website, Rightmove, Zoopla and Prime Location.

We will match the property to suitable applicants registered on our database and then arrange viewings.

Property Preparation

A well-presented property is more likely to achieve a higher rent and attract a good tenant. We recommend that the property is professionally cleaned including carpets, internal and external windows and gutters. It is then the tenant’s responsibility to do this throughout the tenancy. At the end of the tenancy the property must be cleaned to a professional standard but if there are any shortfalls, they can be rectified by a professional company at the tenant’s cost.

Lettings Consent

If you have a mortgage, it will be necessary to seek permission to let the property out. We ask you to confirm that you have obtained permission. If the property is Leasehold, we will require a copy of the headlease and a copy should be provided to the tenant upon request.

Insurance

You are liable for insuring the property (building and any contents). You must advise the insurer that you are letting the property and ensure that you have sufficient cover. You should also look into public liability insurance but this can be offered as part of a Landlords’ insurance. Insurance that covers the property should it be uninhabitable can also be taken out. We cannot force the tenants to take out an insurance or liability policy but we recommend it in various pre tenancy documents.

Identification

We will need to take a copy of ID from each of the owners of the property and also will conduct a Land Registry search to confirm ownership.   

Rent

Rent is paid in advance and on a calendar monthly basis. Normally this is exclusive of utilities, council tax, telephone and broadband.

Utilities

It is the tenant’s responsibility to set up the accounts for services in their own name. We will, if we have been provided with them, confirm the providers to them and the meter readings taken at the check in. The tenants are also liable for closing down their accounts when they vacate. A Landlord cannot refuse a tenant wishing to have a smart meter installed or to change suppliers, however they should let you know if they are going to do it.

Deposit

The Government introduced deposit protection as part of the Housing Act 2004 for all Assured Shorthold Tenancy agreements. The maximum deposit that can now be held under the Tenant Fee Act 2019 is five weeks rent. The deposit should be held as ‘stakeholder’ and the deposit cannot be returned until both Landlord and Tenant have reached agreement. If agreement cannot be reached, there is a free arbitration process that can be utilised via the deposit protection company. We are members of the Deposit Protection Service , which you can find out more information via this link. Surprisingly easy deposit protection

Services

Michael Brooker offers three levels of service, Tenancy Management and Rent Collection, Rent Collection and Letting Only. Details each service can be found in our Terms of Business. If these services aren’t what you are looking for, we can offer a bespoke service around your requirements.

Accepting a Tenant

Once you have agreed terms with the prospective Tenant, we will start the referencing process. We will obtain a credit check on all tenants over the age of 18, who have responsibility for the tenancy. A Landlord reference, if they have one, and a financial reference to confirm affordability. We use an external referencing company to undertake this and this is subject to the fees detailed in our Terms of Business.

Upon receipt of satisfactory references, we will prepare the tenancy agreement. Our agreements are prepared by solicitors and updated when there are changes in legislation. If there are any special conditions that have been agreed, these can be entered into the agreement.

Both parties will sign the agreement and it will be executed. Once the initial rent and deposit have been paid and the tenancy executed, the tenancy is legally binding

Tenancy Management

As part of our Tenancy Management service, we will conduct a property visit twice a year to ensure your tenants are looking after the property and report back to you on anything that may require attention, to ensure your property remains in good order. We will also ensure that the required certification is in place at the start of the tenancy and arrange any renewal as and when required.

Rent and Legal Protection.

Even the best tenant’s circumstances can change and a Rent and Legal insurance policy can protect your income. This is provided by a third party and can be included within our Tenancy Management and Rent Collection and Rent Collection services.

Pets

A number of tenants have pets these days and if your property is suitable, it may be beneficial to accept a tenant with a pet. It is no longer possible to take a higher deposit for a tenant with a pet but you can charge a ‘pet rent’ which is slightly higher than the market rent.